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`EXHIBIT 1080
`EXHIBIT 1080
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`AMERICAN NATIONAL MANUFACTURING INC.,
`Petitioner
`
`v.
`
`SLEEP NUMBER CORPORATION
`f/k/a SELECT COMFORT CORPORATION,
`Patent Owner
`
`____________
`
`Case No. IPR2019-00514
`
`Patent No. 5,904,172
`____________
`
`
`
`
`
`
`DECLARATION OF KYLE L. ELLIOTT IN SUPPORT OF
`PETITIONER’S AMENDED OPPOSITION TO PATENT OWNER’S
`MOTION FOR ADDITIONAL DISCOVERY AND OTHER
`MISCELLANEOUS RELIEF
`
`1
`
`WA 13641476.1
`
`American National Manufacturing, Inc.
`Exhibit 1080
`IPR2019-00514
`Page 1
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`I, Kyle L. Elliott, declare and state as follows:
`
`1.
`
`I am an attorney with the law firm of Spencer Fane LLP. I represent
`
`Petitioner, American National Manufacturing, Inc., in the above captioned
`
`proceeding. I make this Declaration in support of Petitioner’s Amended Opposition
`
`to Patent Owner’s Motion for Additional Discovery and Other Miscellaneous Relief.
`
`I am above eighteen years of age, of sound mind, and if called to testify I could and
`
`would competently testify hereto. I make this declaration of my own personal
`
`knowledge.
`
`2.
`
`According to Dun & Bradstreet Corporation (“Dun & Bradstreet”), Dun
`
`& Bradstreet is a nationally recognized company that provides commercial data,
`
`analytics, and insights for businesses.1 One of Dun & Bradstreet’s services is
`
`providing company financial profiles—these profiles are based on public
`
`information for those entities that are publically traded, and estimates for non-public,
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`private entities.2
`
`
`1
` See, e.g., generally, https://www.dnb.com/about-us.html (last visited Oct. 3,
`
`2019) and
`
`https://www.sec.gov/Archives/edgar/data/1115222/000111522218000004/a201710
`
`-k.htm (last visited Oct. 3, 2019).
`
`2 Id.
`
`2
`
`WA 13641476.1
`
`American National Manufacturing, Inc.
`Exhibit 1080
`IPR2019-00514
`Page 2
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`3.
`
`Attached as Exhibit 1041 is a true and correct copy of a screen capture
`
`of relevant portions from the Dun & Bradstreet website containing the financial
`
`profile of Sleep Number Corporation.3
`
`4.
`
`Attached as Exhibit 1042 is a true and correct copy of a screen capture
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`of relevant portions from Dun & Bradstreet website containing the financial profile
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`of American National Manufacturing, Inc. 4
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`5.
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`Attached as Exhibit 1043 is a true and correct copy of Plaintiff’s First
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`Supplemental Responses to Defendants’ First Set of Interrogatories (Nos. 1-9)
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`served December 21, 2018 in the matters of Case Nos. 5:18-cv-00356 and 5:18-cv-
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`00357 in U.S. District Court Central District of California Eastern Division.
`
`
`3 Available at https://www.dnb.com/business-directory/company-
`
`profiles.american_national_manufacturing_inc.463aa81e02fa57789eafb831271f3d
`
`41.html?sitespectflag=TRUE&imok=hoovers&aka_re=1 (last visited Oct. 3,
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`2019).
`
`4 Available at https://www.dnb.com/business-directory/company-
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`profiles.american_national_manufacturing_inc.463aa81e02fa57789eafb831271f3d
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`41.html?sitespectflag=TRUE&imok=hoovers&aka_re=1 (last visited Oct. 3,
`
`2019).
`
`3
`
`WA 13641476.1
`
`American National Manufacturing, Inc.
`Exhibit 1080
`IPR2019-00514
`Page 3
`
`
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`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`6.
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`Attached as Exhibit 1044 is a true and correct copy of the Joint
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`Stipulation dated August 29, 2018; 5:18-cv-00357, Dkt. No. 89.
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`7.
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`Attached as Exhibit 1045 is a true and correct copy of the October 19,
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`2018 letter from Jaspal Hare to Elizabeth Patton regarding discovery deficiencies.
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`8.
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`Attached as Exhibit 1046 is a true and correct copy of Sizewise’s Initial
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`Comment Supporting Vacatur dated April 3, 2018; United States International Trade
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`Commission, 337-TA-971.
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`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
`
`Date: October 3, 2019
`
`
`
`
`
`
`
`
`By /s/Kyle L. Elliott .
`Kyle L. Elliott, Reg. No. 39,485
`Spencer Fane LLP
`1000 Walnut Street, Suite 1400
`Kansas City, Missouri 64106-2140
`Telephone: (816) 474-8100
`
`4
`
`WA 13641476.1
`
`American National Manufacturing, Inc.
`Exhibit 1080
`IPR2019-00514
`Page 4
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
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`of the foregoing DECLARATION OF KYLE L. ELLIOTT IN SUPPORT OF
`
`PETITIONER’S AMENDED OPPOSITION TO PATENT OWNER’S MOTION
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`FOR ADDITIONAL DISCOVERY AND OTHER MISCELLANEOUS RELIEF
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`and its cited exhibits not currently of record were served in its entirety on October
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`3, 2019, by electronic mail, as authorized by Patent Owner’s Mandatory Notices,
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`directed to the attorneys of record for Patent Owner at the following correspondence
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`address of record:
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`Steven A. Moore
`Steve.moore@pillsburylaw.com
`
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101
`
`Luke Toft
`LToft@foxrothschild.com
`
`FOX ROTHSCHILD LLP
`Campbell Mithun Tower, Suite 2000
`222 South Ninth Street
`Minneapolis, MN 55402
`
`Kecia J. Reynolds
`kecia.reynolds@pillsburylaw.com
`
`PILLSBURY WINTHORP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`
`5
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`WA 13641476.1
`
`American National Manufacturing, Inc.
`Exhibit 1080
`IPR2019-00514
`Page 5
`
`
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`Date: October 3, 2019
`
`
`
`
`
`
` /s/Kyle L. Elliott .
`Kyle L. Elliott (Reg. No. 39,485)
`.
`Attorney for Petitioner
`American National Manufacturing, Inc.
`
`6
`
`WA 13641476.1
`
`American National Manufacturing, Inc.
`Exhibit 1080
`IPR2019-00514
`Page 6
`
`
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